1.Re-compute the
minimum wage on the basis of the actual commodity prices as on 1.7.2015 and
factor the Dr. Aykroyd formula stipulated percentages for housing and social
obligations, children education etc. Revise the fitment formula and pay levels
on the basis of the so determined minimum wage.
We are not in agreement with the
methodology adopted by the 7th CPC in computing the minimum wage. We give
here under briefly the reasons thereof.
1. The retail prices of the commodities quoted by the Labour bureau is
irrational, imaginary and even absurd in respect of certain articles at certain
places.
2. The adoption of 12 monthly average of the retail prices is contrary
to Dr. Aykroyd formula. Same is the case with the reduction effected by the
Commission on housing and social obligation factors. The house rent allowance
is not a full compensation of the expenditure incurred by an employee for
obtaining an accommodation. Therefore, no reduction on that count in arriving
at the minimum wage is permissible. We may cite the minimum wage computation
made by the 3rd CPC in this regard. The employees were in
receipt of HRA even at that time. But still the 3rd CPC, and rightly
so, adopted the 7.5% as the factor for housing. In respect of the addition to
be made for children education and social obligation as per the Supreme Court
judgment (25%), the Commission has reduced the percentage to 15% on the
specious plea that the employees are separately given children education
allowance. The Children education allowance is not a full reimbursement of the
expenses one has to incur. After the liberalisation of the Education Sector
where private parties were allowed to set up universities and colleges, the
expenses for education had increased heavily. No concession or allowance is
granted to the employees for educating the children beyond the higher secondary
levels. The earlier Pay Commission has only tried to compensate a little in the
increasing cost of education and that too at the primary level, since even the
Governmental institutions had started charging abnormal tuition and other fees.
3. The website maintained for the Agriculture Ministry depicts the
retail prices of commodities which go into the basket of minimum wage
computation. Even though the rates quoted by them vary from the real retail
prices in the market, it provides a different picture. If one is to take the
rates quoted by them for different cities and make an all India average of the
prices as on 1.7.2015, it will work out to Rs. 10,810/-. It will result in the
computation of the minimum wage of Rs. 19,880/-. Adding 25% for arriving at the
MTS scale, it will rise to Rs. 24,850/-. To convert the same as on 1.1.2016, 3%
will be added as suggested by the 7th CPC. The final computation will be Rs.
25,596/-, when rounded off shall be Rs. 26,000/-.
4. The Andhra Pradesh State Pay Commission in its report has taken the
commodity prices at Rs. 9,830/- as on 1.7.2013 which works out to a minimum
wage of Rs. 18,080/-. The wage of MTS will then be Rs. 22,600/- as on 1.7.2013.
The Corresponding figure for 1.1.2016 shall be Rs. 26,758/- rounded off to Rs.
27,000/-.
5. The minimum wage was computed as on 1.1.2014 at Rs. 26,000/- taking
the commodity price at Rs.11, 344/-. The rates were taken on the basis of the
actual retail prices in the market as on 1.1.2014(average prices of 8 Cities in
the country) substantiated by the documentary evidence of Cash bill
obtained from the concerned vendors. As on 1.12016, the minimum wage work out
to Rs. 29,339/- rounded off to Rs.30, 000/-
6. The 5th CPC adopted the rate of growth in the economy ( as
reflected in the increase in the per capita net national produce at factor
cost) over a period of ten years to arrive at the increase required to be made
to arrive at the minimum wage. The per capita NNP at factor cost registered an
increase of 65.28% over a period of ten years in 2013-14. If we apply the same
percentage to the emoluments (Pay +DA) as on 1.1.2016 (assuming that DA will be
125% as on that date), the minimum wage as on 1.1.2016 for an MTS will have to
be Rs. 26,030/- rounded off to Rs. 27,000/-.
7. In para 4.2.9 of the report, the Commission has given a table
depicting the percentage increase provided by the successive Pay Commissions,
according to which the 2nd CPC had made a paltry increase of 14.2%.
The 3rd CPC gave a rise of 20.6, 4th 27.6, 5th and
6th CPC 54%. While the percentage increase had been in ascending
order all along, the 7th CPC has sought to reverse that trend ostensibly for
reasons unknown. It was the meager
increase of 14% provided for by the 2nd CPC that triggered the
volatile situation in the civil service and led to all India strike
encompassing all employees which lasted for 5 days in 1960. We do not know
whether the 7 CPC really intend to create such a scenario once again.
8. In the case of Bank, Insurance and many other Public Sector
Undertakings, wage revision takes place once in 5 years. In the recently
concluded agreement, Bank employees were provided more than 15% increase.
9. After the implementation of the Pay Commission’s Report, the AP State
Employees have been given a wage structure based on a minimum wage far above
the level of Central Government employees. In their case also wage revision
does take place once in 5 years.
It could be seen from the above that the computation of minimum wage by
the 7th CPC is prima facie wrong and computed on untenable premises
and incorrect data. The minimum wage therefore requires re-computation and revision.
Once the minimum wage gets revised, the fitment formula, the multiplication
factor applied for determining the pay levels and the pay matrix itself will
have to be consequently revised.
Determination of Pay Level Minimum
It is seen that the 7th CPC has applied varying multiplication factors for different pay levels. The 6th CPC has taken the emoluments in the private sector to hike the salary of officers by applying different yardstick to compute the pay bands disturbing the vertical relativity while the 7th CPC has further accentuated the gap of differences in wages between officers and employees. This being unacceptable we urge upon adoption of uniform multiplication factor for determining pay levels.
It is seen that the 7th CPC has applied varying multiplication factors for different pay levels. The 6th CPC has taken the emoluments in the private sector to hike the salary of officers by applying different yardstick to compute the pay bands disturbing the vertical relativity while the 7th CPC has further accentuated the gap of differences in wages between officers and employees. This being unacceptable we urge upon adoption of uniform multiplication factor for determining pay levels.
2. Revise the pay matrix basing
upon the revised minimum wage and rounding off the stages to the next hundred.
Accept the suggestion made by the Staff Side in its memorandum to 7th
CPC for de-layering viz. to abolish the pay levels pertaining to GP 1900, 2400
and 4600.
In our memorandum to 7th CPC the staff side had requested for
de-layering by abolition of Grade Pays of Rs 1900, 2400 & 4600. The pay
levels pertaining to GP 1900, 2400 and 4600 may be abolished and merged with
the next higher levels.
3. Revise the rate of increment
to 5 % and grant two increments in the feeder cadre levels as promotion
benefit.
The rate of increment has been pegged down to 3% by the 7th
CPC. At this rate an employee will not be able to double his pay even after 30
years. The demand of the staff side to increase the rate of increment to 5% be accepted. Promotion from one cadre to
another is a rare phenomenon in government services especially in lower grades.
If one to be awarded only an increment amounting to 3% of pay, it might not
become a sought after affair and will in fact act as a de-motivating factor.
This apart, in most of the Govt. Departments, promotion is followed by posting
to a different location. Those who are posted to unclassified cities or from
Metro cities to towns will financially suffer due to such mandatory transfer on
promotion. This is because of the fact that the rate of HRA, Transport
Allowance etc. vary from one station to another. The financial benefit on
promotion must be, therefore, at least two increments i.e. 10% of the pay.
4. Fill up all vacant posts by
holding special recruitment drive.
5. MACP to be treated as financial up-gradation, without any grading
stipulation; to be provided on the basis of the promotional cadre hierarchy of
the concerned department; increase the number of MACP to five on completion of
8, 15,21,26 and 30th years of service. Reject the Efficiency Bar
stipulation made by 7th CPC. Personnel promoted on the basis of
Examination should be treated as fresh entrants to the cadre.
6. Upgrade the LDCs in all departments as UDCs for it is stated by the
Commission that the Government has stopped recruiting personnel to this cadre.
The cadre of LDC, after the introduction of MTS has presently overlapping
functions. Most of the specific functions have also become obsolete on
introduction of computerised diarizing and maintenance register. There is no
specific need for this cadre in any of the offices. While future recruitment
can be stopped, which the government has conveyed to the Commission, what has
to be done to the existing cadre is not mentioned. It is therefore necessary
that the existing incumbents be promoted as UDCs by upgrading all posts of LDC
as UDCs.
7. a) Parity to be ensured for all Stenographers, Assistants,
Ministerial Staff in subordinate offices and in all the organized Accounts
cadres with Central Sectt. by upgrading their pay scales (and not by
downgrading the pay scales of the CSS).
b) Drivers in all Government offices to be granted pay scale on par with
the drivers of the Lok Sabha.
The question of Parity, as has been rightly mentioned by 7th
CPC, is a settled matter. It is the Department of Personnel, the cadre
controlling Department for CSS cadre that unsettles the parity every time. The
recommendation to downgrade the CSS is however not acceptable. What is required
is to grant higher pay levels at par with CSS ministerial and stenographer
cadres and other similarly placed cadres in the field/subordinate offices and
IA&AD & Organised Accounts cadres.
8. To remove existing anomaly, the annual increment date may be 1st
January for those recruited prior to 30th June and 1st
July in respect of those recruited prior to 31st December.
9. Wage of Central Government Employees be revised in every 5 years.
10. Treat the GDS as Civil Servant and grant them all pay, allowances
and benefits granted to regular employees on Pro-rata basis.
11. Contract/casual and daily rated workers to be regularised against
the huge vacancies existing in various Government offices.
12. Introduce PLB in all departments. All existing bilateral agreement
on PLB must continue to be in operation.
13. Revise the pension and other
retirement benefits as under :-
(a) Parity between the past and present pensioners to be brought about on the basis of the 7th CPC recommendations with the modification that basis of computation to be the pay level of the post / grade/ scale of pay from which one retired; whichever is beneficial.
(b) Pension to be 60% of the last pay drawn in the case of all eligible persons who have completed the requisite number of years of service.
(c) The family pension to be 50% of the last pay drawn.
(d) Enhance the pension and family pension by 5% after every five years and 10% on attaining the age of 85 and 20% on attaining the age of 90.
(e) Commuted value of pension to be restored after 10 years or attaining the age of 70, whichever is earlier. Gratuity calculation to be on the basis of 25 days in the month as against 30 days as per the Gratuity Act.
(a) Parity between the past and present pensioners to be brought about on the basis of the 7th CPC recommendations with the modification that basis of computation to be the pay level of the post / grade/ scale of pay from which one retired; whichever is beneficial.
(b) Pension to be 60% of the last pay drawn in the case of all eligible persons who have completed the requisite number of years of service.
(c) The family pension to be 50% of the last pay drawn.
(d) Enhance the pension and family pension by 5% after every five years and 10% on attaining the age of 85 and 20% on attaining the age of 90.
(e) Commuted value of pension to be restored after 10 years or attaining the age of 70, whichever is earlier. Gratuity calculation to be on the basis of 25 days in the month as against 30 days as per the Gratuity Act.
(f) Fixed medical allowance for those pensioners not covered by CGHS and
REHS to be increased to Rs.2000/- p.m.
(g) Provide one increment on the last day in service if the concerned employee has completed six months or more from the date of grant of last increment.
(g) Provide one increment on the last day in service if the concerned employee has completed six months or more from the date of grant of last increment.
14 Exclude the Central Government employees from the ambit of the
National Pension Scheme (NPS) and extend the defined benefit pension scheme to
all those recruited after 1.1.2004.
15 In the absence of any recommendation made by 7th CPC, the
Government must withdraw the stipulated ceiling on compassionate appointments.
16 Revise the following
allowances/advances as under in place of the recommendations made by the 7th
CPC.
The 7th CPC has recommended to abolish large number of allowances and interest free advances without going into the exact relevance in certain departments where the allowances are provided for. The allowances which are stated to be subsumed and which are clubbed with others also require consideration. If these allowances are withdrawn, it might affect adversely the very functioning of the Department itself in certain emergent situation. Of the allowances mentioned in the report for abolition, we have mentioned hereunder those pertaining to civilian employees which require to be retained.
The 7th CPC has recommended to abolish large number of allowances and interest free advances without going into the exact relevance in certain departments where the allowances are provided for. The allowances which are stated to be subsumed and which are clubbed with others also require consideration. If these allowances are withdrawn, it might affect adversely the very functioning of the Department itself in certain emergent situation. Of the allowances mentioned in the report for abolition, we have mentioned hereunder those pertaining to civilian employees which require to be retained.
In respect of advances the
Commission appears to have taken a shylock view of the matter. Most of the
under mentioned advances are required to meet out contingencies which the employees
cannot manage to organise. These advances are, therefore, to be retained.
(i) Allowances
(a) Retain the rate of house rent allowance in place of the recommendation of the commission to reduce it.
(b) Restructure the transport allowance into two slabs at Rs. 7500 and 3750 with DA thereof removing all the stipulated conditions.
(c) Fixed conveyance allowance: This allowance had no DA component at any stage. This allowance must be enhanced to 2.25 times advance.
(f) Vehicle advances including cycle advance with 25% DA thereon as and when the DA crosses 50%.
(d) Restore the island Special duty allowance and the Tripura Special compensatory remote locality allowance.
(e) The special duty allowance in NE Region should be uniform for all at 30%.
(a) Retain the rate of house rent allowance in place of the recommendation of the commission to reduce it.
(b) Restructure the transport allowance into two slabs at Rs. 7500 and 3750 with DA thereof removing all the stipulated conditions.
(c) Fixed conveyance allowance: This allowance had no DA component at any stage. This allowance must be enhanced to 2.25 times advance.
(f) Vehicle advances including cycle advance with 25% DA thereon as and when the DA crosses 50%.
(d) Restore the island Special duty allowance and the Tripura Special compensatory remote locality allowance.
(e) The special duty allowance in NE Region should be uniform for all at 30%.
(f) Overtime allowance whenever sanction must be based upon the actual
basic pay of the entitled employee.
(g) Cash handling /Treasury allowance. The assumption that every transaction in
Government Departments are through the bank is not correct. There are officials
entrusted to collect cash and therefore the cash handling allowance to be
retained.
(h)Qualification Pay to be retained.
(i) Small family norms allowances
(j) Savings Bank allowance
(h)Qualification Pay to be retained.
(i) Small family norms allowances
(j) Savings Bank allowance
(k) Outstation allowance
(l) P.O. & RMS. Accountants special allowance.
(m) Risk allowance
(n) Break-down allowance.
(o) Night patrolling allowance.
(p) Special Compensatory hill area allowance.
(q) Special allowance for Navodaya Vidyalaya Staff.
(r) Dress Allowance ceiling to be raised to Rs. 32,400/- p a
(s) Nursing Allowance to be raised to 2.25 times of Rs 4800/-
(t) All fixed allowances must be raised to 2.25 times as per the principle enunciated by the Commission.
(u) The erroneous statement in Para 9.2.5 to be corrected. Vide OM No. 13018/1/2009-Estt (L) dated 22.07.2009, DOP, P&W, the leave period for Child adoption has been increased to 180 days.
(v) Restore the allowances abolished for the reason that it is either not reported or mentioned in the Report by the Commission.
(l) P.O. & RMS. Accountants special allowance.
(m) Risk allowance
(n) Break-down allowance.
(o) Night patrolling allowance.
(p) Special Compensatory hill area allowance.
(q) Special allowance for Navodaya Vidyalaya Staff.
(r) Dress Allowance ceiling to be raised to Rs. 32,400/- p a
(s) Nursing Allowance to be raised to 2.25 times of Rs 4800/-
(t) All fixed allowances must be raised to 2.25 times as per the principle enunciated by the Commission.
(u) The erroneous statement in Para 9.2.5 to be corrected. Vide OM No. 13018/1/2009-Estt (L) dated 22.07.2009, DOP, P&W, the leave period for Child adoption has been increased to 180 days.
(v) Restore the allowances abolished for the reason that it is either not reported or mentioned in the Report by the Commission.
17. Advances.
Restore the following advances and revise the same to 3 times.
(a). Natural calamity advance;
(b). Festival Advance
Restore the following advances and revise the same to 3 times.
(a). Natural calamity advance;
(b). Festival Advance
(c)
LTC and TA advances
(d). Medical advance
(e). Education advance
(d). Medical advance
(e). Education advance
(f)Vehicle advances including cycle advance
18. The stipulation made by the 7th CPC to grant only 80% of
salary for the second year of CCL be rejected and the existing provisions may
be retained.
19. 50% of the CGEGIS premium to be paid by the Government in respect of
Group B and C employees.
20. Health insurance to be introduced in addition to CGHS/REHS and
CCS(MA) benefits and the premium to be paid by the Government and the employee
equally.
21. Reject the recommendations concerning PRIS.
22. Full pay and allowances to be provided for the entire period of WRII.
23. The conditions stipulated in clause (4) & (5) under Para 9.2.37
be removed.
24. Reject the recommendation made by the 7th CPC in Para
8.16.9 to 8.16.14 concerning dress allowance to PBOR as otherwise the five Ordnance
Equipment factories under OFB will have to be closed down.
25. Set up a Group of Ministers’ Committee to consider the anomalies
including the disturbance of the existing horizontal and vertical relativities
at the National level and Departmental/Ministry level with provision for
referring the disputed issues to the Board of Arbitration under the JCM scheme.
26. To increase the promotional avenue for Technical and other
Supervisory staff.
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